12
(b) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words:
‘‘(1) A person shall not be qualified to be appointed as a member of the
[Board] Council or [Review Board] Appeal Tribunal, or to be such a
5
member, if he or she—’’;
(c) by the substitution in subsection (1)(h) for subparagraph (i) of the following
subparagraph:
‘‘(i) in the Republic, of theft, fraud, forgery and uttering a forged
document, perjury, or any offence under the Prevention of
Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 10
1992 (Act No. 94 of 1992), or Part 1 to 4, or section 17, 20 or 21
(in so far as it relates to the aforementioned offences) of Chapter
2 of the Prevention and Combating of Corrupt Activities Act,
2004 (Act No. 12 of 2004);’’; and
15
(d) by the substitution for subsection (2) of the following subsection:
‘‘(2) Whenever circumstances in relation to a member of the [Board]
Council or [Review Board] Appeal Tribunal so change that it would
have disqualified him or her from being appointed as such a member, had
they have been in existence at the time of his or her appointment, the seat
of that member shall become vacant, and the vacancy in such seat shall 20
be filled in accordance with section 6.’’.
Amendment of section 8 of Act 65 of 1996
9. Section 8 of the principal Act is hereby amended—
(a) by the substitution for the heading of the following heading:
‘‘Period of office of members of [Board] Council and [Review Board] 25
Appeal Tribunal’’; and
(b) by the substitution for subsection (1) of the following subsection:
‘‘(1) [An examiner shall be appointed for a period of three years,
and any other member of the Board or Review Board] Members of
the Council and Appeal Tribunal shall be appointed for a period of five 30
years.’’.
Substitution of section 9 of Act 65 of 1996, as substituted by section 4 of Act 34 of
1999
10. The following section is hereby substituted for section 9 of the principal Act:
‘‘Removal from office
35
9. (1) The Minister may remove a member of the [Board] Council or
[Review Board] Appeal Tribunal from office on the grounds of incapacity,
incompetence, misconduct or misrepresentation.
(2) A decision to remove a member of the [Board] Council or [Review
Board] Appeal Tribunal from office shall be based on a finding of a tribunal 40
appointed by the Minister: Provided that the member shall have the right to
be heard.
(3) The Minister may suspend a member of the [Board] Council or
[Review Board] Appeal Tribunal from office pending the finding of the
45
tribunal referred to in subsection (2).
(4) A member of the [Board] Council or [Review Board] Appeal
Tribunal shall vacate his or her office when any of the circumstances
referred to in section 7 become applicable in respect of him or her, and the
Minister[, upon information given to him or her by the Chief executive
officer or the chairperson of the Review Board,] issues him or her with a 50
certificate to that effect.’’.
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